I-3 - Taxation Act

Section 1137.5 Disposition versions

2006-06-13

1137.5. The property to which paragraphs b.3 and b.4 of section 1137 refer is any property, other than property acquired pursuant to an obligation in writing entered into before 26 March 1997 or, where applicable, the construction of which, by or on behalf of the purchaser, had begun by 25 March 1997, that is acquired after 25 March 1997 and before 13 June 2003, or after 12 June 2003 and before 13 June 2004 if the property is acquired pursuant to an obligation in writing entered into before 13 June 2003 or, where applicable, if the construction of the property, by or on behalf of the purchaser, had begun before 13 June 2003, and that is

(a)  property referred to in subparagraph b of the second paragraph of Class 12 of Schedule B to the Regulation respecting the Taxation Act (chapter I-3, r. 1), if, before its acquisition, it was not used for any purpose or acquired to be used or leased for any purpose whatever;

(b)  a building situated in Québec or part of such a building in respect of which an amount would be included, but for section 93.6, in computing the undepreciated capital cost of the depreciable property of a prescribed class, if the building or the part of the building, before its acquisition, was not used for any purpose or acquired to be used or leased for any purpose whatever, and

i.  is used by the purchaser, directly or indirectly, mainly to manufacture or process items for sale or lease, or is intended to be so used, or

ii.  is leased in the normal course of carrying on the business of the purchaser to a lessee who may reasonably be considered to be using, or who may reasonably be expected to use, the building or the part of the building, directly or indirectly, mainly to manufacture or process items for sale or lease;

(b.1)  a building situated in Québec or part of such a building, in respect of which an amount would be included, but for section 93.6, in computing the undepreciated capital cost of the depreciable property of a prescribed class, if the building or the part of the building, before its acquisition, was not used for any purpose or acquired to be used or leased for any purpose whatever, and

i.  is used by the purchaser, directly or indirectly, mainly in the processing of mineral ores recovered from a mineral resource that is located in a country other than Canada, or is intended to be so used, or

ii.  is leased in the normal course of carrying on the business of the purchaser to a lessee who may reasonably be considered to be using, or who may reasonably be expected to use, the building or the part of the building, directly or indirectly, mainly in the processing of mineral ores recovered from a mineral resource that is located in a country other than Canada;

(c)  equipment or a building situated in Québec or part of such a building, in respect of which an amount would be included, but for section 93.6, in computing the undepreciated capital cost of the depreciable property of a prescribed class, if the equipment or building or the part of the building, before its acquisition, was not used for any purpose or acquired to be used or leased for any purpose whatever, and

i.  is used by the purchaser, directly or indirectly, mainly as part of an activity described in the second paragraph, or is intended to be so used, or

ii.  is leased in the normal course of carrying on the business of the purchaser to a lessee who may reasonably be considered to be using, or who may reasonably be expected to use, the equipment or building or the part of the building, directly or indirectly, mainly as part of an activity described in the second paragraph.

An activity referred to in any of the subparagraphs of subparagraph c of the first paragraph is

(a)  the operation of a tourist accommodation establishment, within the meaning of the regulations under the Act respecting Tourist Accommodation Establishments (chapter E-14.2), situated in Québec, with the exception of an educational institution, within the meaning of those regulations;

(b)  the carrying on in Québec, for recreational purposes, of a business consisting in renting boats, airplanes or vehicles other than automobiles;

(c)  the carrying on of a business consisting in offering holiday packages in Québec, including lodging and transportation in Québec as well as related recreational activities; or

(d)  the carrying on of recreational activities in Québec in respect of which Tourisme Québec has issued a qualification certificate certifying that the recreational facilities are conducive to promoting tourism in Québec, except the following facilities:

i.  a cinema or a drive-in,

ii.  an amusement arcade,

iii.  a bowling alley,

iv.  a skating rink,

v.  a sports club,

vi.  a pool,

vii.  a bingo hall,

viii.  a casino,

ix.  a community centre,

x.  a playground,

xi.  a private club.

1997, c. 85, s. 312; 1999, c. 83, s. 262; 2000, c. 39, s. 251; 2001, c. 51, s. 224; 2003, c. 9, s. 425; 2004, c. 21, s. 490; 2005, c. 23, s. 256; 2006, c. 13, s. 217.

2006-03-01

1137.5. The property to which paragraphs b.3 and b.4 of section 1137 refer is any property, other than property acquired pursuant to an obligation in writing entered into before 26 March 1997 or, where applicable, the construction of which, by or on behalf of the purchaser, had begun by 25 March 1997, that is acquired after 25 March 1997 and before 13 June 2003, or after 12 June 2003 and before 13 June 2004 if the property is acquired pursuant to an obligation in writing entered into before 13 June 2003 or, where applicable, if the construction of the property, by or on behalf of the purchaser, had begun before 13 June 2003, and that is

(a)  property referred to in subparagraph b of the second paragraph of Class 12 of Schedule B to the Regulation respecting the Taxation Act (R.R.Q., 1981, chapter I-3, r.1), if, before its acquisition, it was not used for any purpose or acquired to be used or leased for any purpose whatever;

(b)  a building situated in Québec or part of such a building in respect of which an amount would be included, but for section 93.6, in computing the undepreciated capital cost of the depreciable property of a prescribed class, if the building or the part of the building, before its acquisition, was not used for any purpose or acquired to be used or leased for any purpose whatever, and

i.  is used by the purchaser, directly or indirectly, mainly to manufacture or process items for sale or lease, or is intended to be so used, or

ii.  is leased in the normal course of carrying on the business of the purchaser to a lessee who may reasonably be considered to be using, or who may reasonably be expected to use, the building or the part of the building, directly or indirectly, mainly to manufacture or process items for sale or lease;

(b.1)  a building situated in Québec or part of such a building, in respect of which an amount would be included, but for section 93.6, in computing the undepreciated capital cost of the depreciable property of a prescribed class, if the building or the part of the building, before its acquisition, was not used for any purpose or acquired to be used or leased for any purpose whatever, and

i.  is used by the purchaser, directly or indirectly, mainly in the processing of mineral ores recovered from a mineral resource that is located in a country other than Canada, or is intended to be so used, or

ii.  is leased in the normal course of carrying on the business of the purchaser to a lessee who may reasonably be considered to be using, or who may reasonably be expected to use, the building or the part of the building, directly or indirectly, mainly in the processing of mineral ores recovered from a mineral resource that is located in a country other than Canada;

(c)  equipment or a building situated in Québec or part of such a building, in respect of which an amount would be included, but for section 93.6, in computing the undepreciated capital cost of the depreciable property of a prescribed class, if the equipment or building or the part of the building, before its acquisition, was not used for any purpose or acquired to be used or leased for any purpose whatever, and

i.  is used by the purchaser, directly or indirectly, mainly as part of an activity described in the second paragraph, or is intended to be so used, or

ii.  is leased in the normal course of carrying on the business of the purchaser to a lessee who may reasonably be considered to be using, or who may reasonably be expected to use, the equipment or building or the part of the building, directly or indirectly, mainly as part of an activity described in the second paragraph.

An activity referred to in any of the subparagraphs of subparagraph c of the first paragraph is

(a)  the operation of a lodging establishment, within the meaning of the regulations under the Act respecting Tourist Accommodation Establishments (chapter E-14.2), situated in Québec, with the exception of an educational institution, within the meaning of those regulations;

(b)  the carrying on in Québec, for recreational purposes, of a business consisting in renting boats, airplanes or vehicles other than automobiles;

(c)  the carrying on of a business consisting in offering holiday packages in Québec, including lodging and transportation in Québec as well as related recreational activities; or

(d)  the carrying on of recreational activities in Québec in respect of which Tourisme Québec has issued a qualification certificate certifying that the recreational facilities are conducive to promoting tourism in Québec, except the following facilities:

i.  a cinema or a drive-in,

ii.  an amusement arcade,

iii.  a bowling alley,

iv.  a skating rink,

v.  a sports club,

vi.  a pool,

vii.  a bingo hall,

viii.  a casino,

ix.  a community centre,

x.  a playground,

xi.  a private club.

1997, c. 85, s. 312; 1999, c. 83, s. 262; 2000, c. 39, s. 251; 2001, c. 51, s. 224; 2003, c. 9, s. 425; 2004, c. 21, s. 490; 2005, c. 23, s. 256.